SAfrica's Kebble died in assisted suicide-affidavit

JOHANNESBURG, Dec 13 (Reuters) A man accused of the shooting death of South African mining tycoon Brett Kebble was released on bail on Wednesday after his lawyer argued the death was assisted suicide.

Advocate Lawrence Hodes submitted the affidavit in support of his application for bail for chief accused Glenn Agliotti. The court accepted the argument and ordered Agliotti released on bail, the SAPA news agency reported.

According to Hodes, Kebble initially planned to drug his pilot to cause his plane to crash but later opted for a botched carjacking.

Kebble, a colourful mining magnate who ran three interlinked South African mining companies before he was forced out by unhappy shareholders, was shot dead on September 27 last year as he drove to a business dinner in Johannesburg's Melrose district.

The murder shocked the business community and many other South Africans even though they are used to daily reports of gruesome killings in one of the world's most crime-ridden countries.

Kebble was a supporter of the ruling African National Congress and its youth league.

His death has generated further controversy in recent months after South Africa's national police chief Jackie Selebi admitted he was friends with Agliotti.

President Thabo Mbeki has faced mounting calls to fire Selebi for admitting friendship with a man suspected of underworld connections.

Selebi denies any knowledge of Agliotti's suspected criminal links.

Hodes argued that an assisted suicide constituted an ''exceptional circumstance'' which took the matter out of the realm of South Africa's laws covering murder cases.

State counsel Gerrie Nel did not oppose the argument, saying: ''We agree that the murder could be termed an assisted suicide ...

We submit the accused took part in the arrangement and planning ...'' Magistrate Chris Eksteen set bail at 500,000 rand (,690), placing Agliotti under 24-hour house arrest in his plush Johannesburg home.

''The court is satisfied that by way of evidence tendered through the affidavit, sufficient exceptional circumstances exist to grant bail,'' Eksteen said.

He adjourned further hearing until January 25.

Reuters BDP GC1803